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Employment Law Institute 2017

Released on: Oct. 27, 2017
Running Time: 13:25:25

This year’s Employment Law Institute will focus on new developments in employment law in light of a new U.S. presidential administration.  As always, this event offers a comprehensive review of case law and regulatory developments, an in-depth analysis of emerging issues, and best practices, designed to maximize employment law compliance, mitigate legal risk and achieve business objectives. The faculty is comprised of nationally recognized management and plaintiffs’ attorneys, members of the judiciary, in-house counsel and government enforcement agency officials who share their perspectives, insights and experiences.

You will learn:

  • The Year in Review: the important federal and state case law and regulatory developments under the Trump administration
  • EEOC and DOL’s current priorities
  • Managing leaves of absence and other workplace accommodation issues
  • Equal pay and pay equity issues in employment Law
  • Classification in the workplace – the new frontier
  • Implications of new the NLRB composition, including revisiting prior NLRB rulings
  • Preventing and responding to violence in the workplace
  • Best practices for conducting internal investigations to minimize risk
  • Use of expert witnesses in employment cases
  • Sophisticated issues that arise when litigating retaliation claims
  • Emerging gender and transgender issues in the workplace
  • Cybersecurity and privacy in the workplace

Special Features:

  • Earn one full hour of Ethics credit
  • Featured Speaker: Hon. Philip A. Miscimarra, Chairman, National Labor Relations Board

This program is designed for private practitioners, in-house counsel, and human resources and other business professionals who seek an in-depth analysis and discussion of often subtle and rapidly evolving issues arising in employment law.

Lecture Topics [Total time 13:25:25]

Segments with an asterisk (*) are available only with the purchase of the entire program.

  • Opening Remarks and Introduction* [00:04:54]
    Zachary D. Fasman, Amy L. Bess
  • The NLRB In the Trump Administration: Featured Speaker, Hon. Philip A. Miscimarra [00:53:46]
    Hon. Philip A. Miscimarra
  • Labor and Employment Law Year in Review [01:14:28]
    Zachary D. Fasman, Cynthia Estlund, Tracy Richelle High
  • Gender and Transgender Issues in the Workplace [01:15:22]
    James D. Esseks, Jamie Kohen, Robert S. Whitman
  • Preventing and Responding to Violence in the Workplace [01:01:50]
    Marc A. Cohen, M.D., Marisa Randazzo, Ph.D., Stephen P. Sonnenberg
  • Equal Pay/Pay Equity Issues in Employment Law [01:03:09]
    Shari Fallek Coats, David Lopez, Jill L. Rosenberg
  • Experts and Evidentiary Issues in Employment Cases [01:14:59]
    Hon. John G. Koeltl, David Lopez, Zachary D. Fasman, Jill L. Rosenberg, Robert S. Whitman
  • Cybersecurity and Privacy in the Workplace [01:00:24]
    Michael A. Curley, Kristen J. Mathews, Melissa R. Gold
  • Sophisticated Issues Faced When Litigating Retaliation Claims [01:01:13]
    Debra S. Katz, Eugene Scalia
  • Employee Classification [01:01:12]
    Michele R. Fisher, Joseph K. Mulherin
  • Thorny Workplace Accommodation Issues [01:32:05]
    Amy L. Bess, Sara E. Elder, Laura S. Schnell
  • Key Strategies for Effective Internal Investigations [01:02:02]
    Jessica Golden Cortes, Eric Eichenholtz, Rashida MacMurray-Abdullah
  • Ethical Considerations Involving Confidentiality: Nonclients' Misunderstandings and Mistakes [01:00:01]
    Thomas E. Spahn

The purchase price of this Web Program includes the following articles from the Course Handbook available online:


  • COMPLETE COURSE HANDBOOK
  • Selected Dissenting Opinions, Chairman Philip A. Miscimarra
  • Employment Law Year in Review: Significant Employment Law Decisions and Regulatory Developments (June 30, 2017)
    Theodore O. Rogers
  • James Esseks and Ria Tabacco Mar, Gender Identity Discrimination and Sexual Orientation Discrimination as Sex Discrimination in Federal Law (July 7, 2017)
    James D. Esseks
  • Kathryn Winters, How My Gender Transition Made Me a More Valuable Employee, #Leading Voices (June 8, 2017), http://jpmorganchase.com/corporate/news/insights/kwinters-gender-transition.htm
    Robert S. Whitman, Jamie Kohen
  • Equality Act, H.R. 2282, 115th Cong. (2017)
    Robert S. Whitman, Jamie Kohen
  • Zarda v. Altitude Express, No. 15-3775 (2d Cir. Apr. 18, 2017)
    Robert S. Whitman, Jamie Kohen
  • Hively v. Ivy Tech Community College of Indiana, No. 15-1720 (7th Cir. Apr. 4, 2017)
    Jamie Kohen, Robert S. Whitman
  • Christiansen v. Omnicom Group, Inc., et al., No. 16-748 (2d Cir. Mar. 27, 2017)
    Jamie Kohen, Robert S. Whitman
  • U.S. Department of Labor, Occupational Safety and Health Administration, Best Practices, A Guide to Restroom Access for Transgender Workers (2015)
    Jamie Kohen, Robert S. Whitman
  • Violence Risk Assessment
    Marc A. Cohen
  • Brief Overview of Best Practices in Workplace Violence Prevention (July 19, 2017)
    Marisa R. Randazzo
  • Stephen P. Sonnenberg and Diane Knox, Protecting Against Workplace Violence (July 2017)
    Stephen P. Sonnenberg
  • Stephen P. Sonnenberg and Shaira Sithian, 253 N.Y.L.J. No. 112, Mental Stability At Work: an Assessment (June 12, 2015)
    Stephen P. Sonnenberg
  • Developments in Pay Equity/Equal Pay Law
    Jill L. Rosenberg, Shari Fallek Coats
  • Experts and Evidentiary Issues in Employment Cases (Substantive Outline)
    Zachary D. Fasman, Hon. John G. Koeltl, Robert S. Whitman
  • Experts and Evidentiary Hypotheticals
    Zachary D. Fasman, John G. Koeltl, Robert S. Whitman
  • Cybersecurity and Privacy in the Workplace
    Kristen J. Mathews
  • Sophisticated Issues Faced When Litigating Retaliation Claims (July 2017)
    Debra S. Katz
  • Eugene Scalia and Alyssa Markenson, Ethical Considerations in Internal “Whistleblower” Investigations
    Eugene Scalia
  • U.S. Department of Justice, Office of the Deputy Attorney General, Memorandum Re: Individual Accountability for Corporate Wrongdoing, from Sally Quillian Yates, Deputy Attorney General (September 9, 2015)
    Eugene Scalia
  • Halliburton, Inc. v. Administrative Review Board, United States Department of Labor, 771 F.3d 254 (5th Cir. 2014)
    Eugene Scalia
  • Case Law Update on Employment Status: Independent Contractor, Joint Employers, and Interns/Volunteers (Prepared July 2017)
    Michele R. Fisher
  • Thorny Issues Involving Reasonable Accommodations Under The Americans with Disabilities Act (July 2017)
    Sara E. Elder, Amy L. Bess, Laura S. Schnell
  • Internal Investigations Basics and Best Practices
    Jessica Golden Cortes
  • Differences Between Investigation of Internal and External EEO Complaints
    Eric Eichenholtz
  • Hypotheticals
    Thomas E. Spahn
  • Hypotheticals and Analysis, Difference Between Ethics and Professionalism
    Thomas E. Spahn

Presentation Material


  • Report from the NLRB
  • Labor and Employment Law Year in Review
    Cynthia Estlund, Zachary D. Fasman, Tracy Richelle High
  • Gender and Transgender Issues in the Workplace
    James D. Esseks, Jamie Kohen, Robert S. Whitman
  • Preventing and Responding to Violence in the Workplace
    Marc A. Cohen, M.D., Marisa Randazzo, Ph.D., Stephen P. Sonnenberg
  • Equal Pay/Pay Equity Issues in Employment Law
    Shari Fallek Coats, David Lopez, Jill L. Rosenberg
  • Cybersecurity and Privacy in the Workplace
    Michael A. Curley, Melissa R. Gold, Kristen J. Mathews
  • Sophisticated Issues When Litigating Retaliation Claims
    Debra S. Katz, Eugene Scalia
  • Sophisticated Issues When Litigating Retaliation Claims
    Debra S. Katz
  • Employee Classification
    Michele R. Fisher, Joseph K. Mulherin
  • Thorny Workplace Accommodation Issues
    Amy L. Bess, Sara E. Elder, Laura S. Schnell
  • Key Strategies for Effective Internal Investigations
    Jessica Golden Cortes, Eric Eichenholtz, Rashida MacMurray-Abdullah
  • Ethical Considerations Involving Confidentiality: Common Misunderstandings and Mistakes
    Thomas E. Spahn
Co-Chair(s)
Amy L. Bess ~ Vedder Price P.C.
Zachary D. Fasman ~ Proskauer Rose LLP
Speaker(s)
Shari Fallek Coats ~ Deputy General Counsel, Office of General Counsel, Deloitte
Marc A. Cohen, M.D. ~ Associate Clinical Professor, Department of Psychiatry and Biobehavioral Sciences, David Geffen School of Medicine at U.C.L.A.
Jessica Golden Cortes ~ Davis & Gilbert LLP
Michael A. Curley ~ Curley, Hurtgen & Johnsrud LLP
Eric Eichenholtz ~ Chief, Labor and Employment Law Division, New York City Law Department
Sara E. Elder ~ Divisional Vice President, Associate Relations and Compliance, Sears Holdings Management Corporation
James D. Esseks ~ Director, Lesbian, Gay, Bisexual, Transgender & HIV Project, ACLU Foundation
Cynthia Estlund ~ Catherine A. Rein Professor of Law, New York University School of Law
Michele R. Fisher ~ Nichols Kaster, PLLP
Melissa R. Gold ~ Associate General Counsel and Managing Director, BNY Mellon
Tracy Richelle High ~ Sullivan & Cromwell LLP
Debra S. Katz ~ Katz, Marshall & Banks, LLP
Hon. John G. Koeltl ~ United States District Judge, United States District Court, Southern District of New York
Jamie Kohen ~ Executive Director and Assistant General Counsel, JPMorgan Chase & Co.
David Lopez ~ Outten & Golden LLP
Rashida MacMurray-Abdullah ~ Senior Manager, Forensics, Deloitte Financial Advisory Services LLP
Kristen J. Mathews ~ Proskauer Rose LLP
Philip A. Miscimarra ~ Morgan, Lewis & Bockius LLP
Joseph K. Mulherin ~ Vedder Price P.C.
Marisa Randazzo, Ph.D. ~ Managing Partner, SIGMA Threat Management Associates, PA
Jill L. Rosenberg ~ Orrick, Herrington & Sutcliffe LLP
Eugene Scalia ~ Gibson, Dunn & Crutcher LLP
Laura S. Schnell ~ Eisenberg & Schnell LLP
Stephen P. Sonnenberg ~ Mediator and Arbitrator, JAMS
Thomas E. Spahn ~ McGuire Woods LLP
Robert S. Whitman ~ Seyfarth Shaw LLP
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Related Items

Live Programs  Live Programs

Employment Law Institute 2019 (New York, NY) Oct. 15 - 16, 2019
Employment Law Institute 2018 (New York, NY) Oct. 17 - 18, 2018

Handbook  Course Handbook Archive

Employment Law Institute 2018  
Employment Law Institute 2017 Zachary D. Fasman, Proskauer Rose LLP
Amy L. Bess, Vedder Price P.C.
 
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